Temporary disability is a situation caused by a standard or occupational disease or an accident, whether work or not, that prevents work and requires healthcare.
You can attribute the right to a subsidy to alleviate your lack of income while receiving Social Security health care and continuing to be prevented from working for a maximum period of 12 months, extendable for another 6 when it is assumed that during them, the worker can be discharged by cure.
The work accident of the self-employed worker shall understand the one that occurred as a direct and immediate consequence of the work performed on their account and which determines its inclusion in the field of application of said Space Regime. It does not include accidents suffered by the worker when going to or from the workplace (except in the case of TRADE), those due to force majeure foreign to work, and those due to intentional recklessness or recklessness of the worker.
For the same purposes, you shall understand professional illness as contracted due to work carried out on its account.
It causes the action of the elements and substances and in the activities specified in the list of occupational diseases with the relationships of main activities capable of producing them, annexed to Royal Decree 1995/1978, of May 12, which approves the picture of occupational diseases in the Social Security System.
The requirements demand common illnesses are being registered or in a situation assimilated to discharge, having contributed a minimum of 180 days during the last five years, and being up to date with the payment of fees. No prior contribution period is required in case of an accident or occupational disease.
You can obtain the amount of the benefit by applying the following percentages to the regulatory base:
- If there is a common illness or non-occupational accident, 60% from the fourth day to the twenty-first casualty and 75% from the twenty-first.
- If an accident at work or occupational disease occurs, 75% of the regulatory base from the day following the leave, provided the interested party had opted for coverage of professional contingencies.
- The regulatory base will be the contribution base of the self-employed worker corresponding to the month before the medical leave, divided by 30.
The self-employed person has a period of 15 days to notify the Social Security of the cancellation and the situation in which the activity remains, indicating on the official form which will directly manage the business or, where appropriate, the temporary or definitive cessation of the movement.
In situations of cessation of activity after temporary disability, the self-employed person will continue to receive the IT benefit, in the same amount as the cessation of activity benefit, until it is exhausted. At that point, he will receive the economic benefit for the end of the activity that corresponds to it, discounting the time spent in the IT situation of the period of cessation of activity to which you are entitled.
The contribution for temporary disability due to common contingencies is mandatory. However, maintaining an option for self-employed persons in situations of proactivity who are listed simultaneously in another Social Security scheme and for Workers included in the Special System for Agrarian Self-Employed Workers. The contribution of the professional contingencies of occupational accidents and diseases, the RETA, however, is voluntary, except for dependent self-employed workers and those obliged to formalize said protection for performing a professional activity with a high risk of accidents. You can expand the information in our article on the bases and types of contributions.
Permanent Disability Benefit
It intends to cover the loss of salary income of those self-employed who cannot continue working because they have been affected by an illness or accident that incapacitates them from professional practice in a presumably definitive manner.
It will be necessary to have contributed to occupational accidents and diseases and have received prior or simultaneous coverage of the temporary disability benefit.
The regulatory basis for a disability derived from professional contingencies will be equivalent to the worker’s contribution based on the date of the causal event.
Without reaching the total grade, partial permanent disability causes the worker to decrease not less than 50% of his expected performance. It is only protected if it derives professional contingencies but not if it derives from common contingencies.
The total permanent disability will increase by 20% of the regulatory base for people over 55 years. It increases for those who do not exercise a paid or self-employed activity, have ownership of an agricultural or maritime-fishing operation, or a commercial or industrial establishment as owner, lessee, usufructuary, or another similar concept.
Instead of the total permanent disability pension, the self-employed person may choose to collect compensation in a single payment for 40 monthly payments of the contribution base for professional contingencies on the date of the causal event. If it derives from common contingencies, there will be 40 monthly payments from the regulatory bottom of these contingencies.
Benefit for Permanent Non-Disabling Injuries
The self-employed may opt for this benefit in case of injuries, mutilations, and deformities caused by work-related accidents or occupational diseases, which, without constituting permanent disability, entail a decrease in the physical integrity of the worker if they include the established scale to that effect.
Among the specific requirements to be met by the self-employed, they must contribute to work-related accidents and occupational diseases. They must have opted for the coverage of the economic benefit for temporary disability and be up to date in the payment of fees. The surcharge of economic benefits is not applicable due to a lack of occupational risk prevention measures.
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